I SUPPORT the continued regulation of Certified Professional Wetland Delineators (PWD) by the Commonwealth of Virginia’s Department of Professional and Occupational Regulation (DPOR) in its current form. Certification of PWDs is necessary to protect the Commonwealth and its citizens and continues to satisfy the 4 criteria required for an occupation to be regulated (§54.1-100):
Faulty wetland delineations:
In conclusion, the PWD certification is necessary for the Commonwealth of Virginia because it protects the public from inadequate delineations, avoids costly errors in development, reduces permitting backlog for regulators, and ensures protection of wetland resources and the Virginia economy. There are no other certification programs that can provide assurances of competency to perform this work. I urge DPOR to acknowledge the value of the PWD and recommend the continuation of the Virginia Professional Wetland Delineator Certification.
Thank you for your consideration of these comments.
W. Michael Lane (PWD #056, PWS #185
Lane Environmental Consultants
* The importance of trained professionals in delineation has recently been reaffirmed at the state level by the establishment of the new Virginia State Waters Delineator (VSWD) Certification Program though the Virginia Department of Environmental Quality (VDEQ). This new certification recognizes that the PWD certification is a critical component to assuring reliable and consistent identification of State Surface Waters, as holding a PWD certification is a prerequisite to the State Waters Delineator Certification.
** Recent changes in federal regulation resulting from Supreme Court Decision in the Sackett vs. EPA Case, have thrown permitting timelines into limbo, with the U.S Army Corps of Engineers temporarily declining to provide Approved Jurisdictional Determinations of wetland delineations. To keep wetland permitting moving forward at the state level, the VDEQ has begun implementing its new Virginia State Waters Delineator (VSWD) Certification program, which requires that a VSWD have a PWD certification in addition to a stream identification and assessment certification. Keeping the PWD certification will be critical to providing more certainty and timely reviews in the state project permit review process.
*** The 2020 Joint Legislative Audit and Review Commission (JLARC) Report erroneously asserted that an equivalent national certification program (i.e. the Professional Wetland Scientist [PWS] certification through the Society of Wetland Scientists) provides the same level of assurance to consumers and the public, and incorrectly concluded that the PWD certification is unnecessary. Please review the 2007 Association of Wetland Managers article entitled State Wetland Delineator Certification Programs.